Friday, June 01, 2007

A friend of mine brought this article in yesterday's NYT on Justice Ginsberg to my attention. I have not yet read her dissent in last week's case, "Ledbetter v Goodyear Tire & Rubber Co". I have not read the ruling either. But from what I have heard about it, I believe the decision may be detrimental to pay equality for women. This comes at a time when sociologists, economists, and political scientists are all recognizing that we have to change the structure of such things as social security, educaiton, and the normal work day in order to level the playing field for women. Despite the fact that 50% of the workforce (if not more) is female, the system has not adjusted. Instead, women have had to adjust, have had to put up and get along. And this has placed additional stress and strain on men, particularly fathers. And this is, from what I have read, the crux of Justice Ginsberg's dissent. This comes on the heels of her powerful dissent on the Partial Birth Abortion case. Is she the only guardian left for women's legal rights? When will society and the law understand that when you alienate half your population, no one really wins?

In addition, she is showing her colors for the first time in her 15 years on the bench because she has come to understand that the collegial way of doing things is no longer working and that the Court is now a political rather than deliberative legal body. That, I think is even more saddening.

2 comments:

Thanks for asking. I think it's a fascinating development. Ginsberg is known to have serious health problems and may retire soon, quite possibly she is planning to hang on till the 2008 election, and no longer.

It's a bad sign in one sense. During the 1990s, she was the justice most often in the majority. That has changed. The Court has changed.